The Malaysian perspective on imposing civil liabilities in road accidents involving autonomous vehicle
Abdullah, A1, Manap, N.A2.
The advancement of artificial intelligence (AI) technology has
become the fundamental catalyst in the research and development
of autonomous vehicle (AV). AVs equipped with AI are expected
to perform better than humans and forecasted to reduce the number
of road accidents. AV will improve humans’ quality of life, such
as creating more mobility for the elderly and disabled, increasing
productivity, and creating an environmentally friendly system. Despite
AV’s promising abilities, reports indicate that AV can go phut, causing
road fatalities to the AV user and other road users. The autonomous
nature of AV exacerbates the difficulty in determining who is at fault.
This article aims to examine the ability of the existing legal framework
to identify the person at fault so as to determine the tortious liability
in road accidents involving AV. This article demonstrated that the
existing legal scheme is insufficient to determine tortious liability in road accidents involving AV. This article explored the possibility
of shouldering the liability on the manufacturer, the user, and even
on the AV itself. This article also investigated alternative approaches
that could be adopted to resolve issues on the distribution of tortious
liability in road accidents involving AV. The outcome of this article
could contribute to issues relating to the liability of AI.
Affiliation:
- Universiti Kebangsaan Malaysia, Malaysia
- Universiti Kebangsaan Malaysia, Malaysia
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